The purpose of this chapter shall be to protect and promote
the health, safety and welfare of the people of the Town of Marcellus
by prohibiting the burning of garbage, rubbish and refuse and regulating
open burning and recreational fires.
For the purpose of this chapter, the following words, phrases
and terms and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular, words used in the singular include the plural, and words
used in the masculine include the feminine. The word "shall" is always
mandatory and not merely directory.
APPROVED CONTAINER
A properly maintained and utilized barbecue grill, barbecue
pit or outdoor fireplace that utilizes a spark-arresting screen and
a lid or wherein products of combustion pass through a stack or chimney
from an enclosed chamber.
BONFIRE
An outdoor fire that has a total fuel area of more than three
feet in diameter.
GARBAGE
Putrescent animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
OPEN BURNING
The burning of materials outside of an approved container
wherein products of combustion are emitted directly into the ambient
air without passing through a stack or chimney from an enclosed chamber.
Open burning does not include road flares, smudge pots and similar
devices associated with safety or occupational uses typically considered
open flames.
RECREATIONAL FIRE
An outdoor fire burning materials other than garbage, rubbish
or refuse where the fuel being burned consists of a total fuel area
of three feet or less in diameter and two feet or less in height for
pleasure, religious, ceremonial, cooking, warmth or similar purposes
and excluding the burning of materials for the sake of disposal.
RUBBISH
Nonputrescent and putrescent solid waste, including garbage,
rubbish, ashes, incinerator residue, street cleanings, dead animals,
abandoned automobiles and any parts thereof, agricultural waste, excluding
usable agricultural equipment, commercial waste, industrial waste
and construction and demolition debris, including commercial and industrial
equipment having no value other than scrap metal.
TOWN
The Town of Marcellus.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine not exceeding $500. Each day
of continued violation of this chapter, after written notice thereof,
shall constitute a separate additional violation. In addition, the
Town may also institute an action or proceeding, including an injunction,
to compel compliance with or prevent violation of this chapter.